Insurance advice... Help please

brooksfamily · Nov 3, 2015

I was involved in a minor crash this weekend. The seat in the car was a Maxi Cosi Pria. The manual states the seat must be replaced. I have State Farm insurance and they are saying it's the law that they will not replace a car seat unless it passes ALL of the national highway guidelines or the car seat is visibly damaged regardless of what the manual says. So are we just out a car seat? I don't feel comfortable using a seat the manual says not too use, but I also don't have the money to replace a $200 car seat.

AllieK · Nov 3, 2015

What state do you live in? Some states have laws regarding car seat replacement.

Otherwise, you're options are:
1) Ask for another claims rep or a supervisor
2) Obtain written documentation from Dorel (manufacturer of the Maxi Cosi) stating that the seat needs to be replaced & provide that to the insurance company
3) Finally, and this is playing hardball, you can ask the insurance company to provide written documentation that they are refusing to replace the seat and that they accept full liability if the seat fails to protect or injures your child in a crash. Obviously, they could just tell you no, but often this reminds them of their legal liabilities and makes them comply.

brooksfamily · Nov 4, 2015

Thanks. I live in NC. I have done all the things you've stated above. Faxed claims department a letter from Dorel, as well as the page in the manual that states the seat needs to be replaced after a crash, and requested a written statement for liability from them. I also forward all this to my agent.

So far I got a message from my agent saying the car seat is covered under homeowners insurance which has a $1000 deductible. Haven't heard from the claims department.

AllieK · Nov 4, 2015

Keep fighting! Don't agree to a settlement until they agree to replace the seat. The cost of arbitration/litigation will outweigh the cost to replace the seat so their risk management/legal department will eventually settle.

ETA: the key words here are "good faith". By law, the insurance company has to settle claims "in good faith". Not replacing car seats they know are damaged is not acting in good faith.

Also, the seats are not covered under the homeowners insurance. That's just BS.

Just thought of something else too; stop any phone conversations immediately. Everything needs to be in writing. If you get a phone call, respond to it via email saying, "I received your telephone message where you stated..."

brooksfamily · Nov 4, 2015

Thanks so much for the support. I emailed my state farm agents and referenced the comment she made about it being covered under homeowners. I requested she show written documentation of where that is in our policy. I used the term good faith and I copied the email to the claims department.

Insurance advice... Help please

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